United States v. Donald Sager

881 F.2d 364, 1989 U.S. App. LEXIS 11182, 1989 WL 85313
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 26, 1989
Docket89-1423
StatusPublished
Cited by8 cases

This text of 881 F.2d 364 (United States v. Donald Sager) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Donald Sager, 881 F.2d 364, 1989 U.S. App. LEXIS 11182, 1989 WL 85313 (7th Cir. 1989).

Opinion

RIPPLE, Circuit Judge.

The appellant, Donald Sager, appeals his conviction under 18 U.S.C. § 1071 for harboring or concealing Carlos Aubrey, whose apprehension had been ordered by the United States Parole Commission: In the district court, Mr. Sager argued that 18 U.S.C. § 1071 does not proscribe harboring or concealing a parole violator because the order issued by the Parole Commission was not an arrest warrant within the meaning of the statute. The district court rejected this argument and entered a judgment of conviction. We affirm.

I.

Background

Donald Sager and Carlos Aubrey had been codefendants in a bank robbery case. Both were convicted, imprisoned, and eventually released on parole. Both were subject to the standard condition that, while on parole, a parolee may not associate with any person who has a prior criminal record. Mr. Sager had requested, in April 1988, permission to see Mr. Aubrey but his request was denied by his parole officer.

In May 1988, the United States Parole Commission issued a warrant reciting that Carlos Aubrey had violated one or more conditions of his release 1 and requiring that he be taken into custody. The evidence at trial, which need not be set forth in detail here, established, to the satisfac *365 tion of the jury, 2 that, during June 1988, Mr. Sager assisted Mr. Aubrey in eluding detection.

II.

Submission on Appeal

Mr. Sager’s argument can be stated succinctly. The indictment charged him with harboring and concealing a person “for whose arrest a warrant had been issued by the United States Parole Commission.” In Mr. Sager’s view, section 1071 3 does not proscribe such conduct. Rather, he submits, the statute only proscribes harboring and concealing a person for whom a warrant has been issued pursuant to Rule 4 of the Federal Rules of Criminal Procedure — a person sought because there is probable cause to believe he has committed a crime. In short, Mr. Sager argues that he harbored and concealed a person wanted for return to the custody of the Attorney General for service of an already existing sentence; the statute, on the other hand, only precludes harboring or concealing a person wanted to answer for a crime for which he has not yet been convicted. 4

In support of his position, Mr. Sager invites our attention to the statutory language. The statute dealing with parole violations, 18 U.S.C. § 4213, empowers the Parole Commission to “issue a warrant and retake the parolee.” 18 U.S.C. § 4213(a)(2) (emphasis added). By contrast, Rule 4, dealing with the apprehension of a person wanted to answer a criminal charge, employs the word “arrest.” Fed.R.Crim.P. 4. Similarly, 18 U.S.C. § 3606, dealing with the apprehension of probation violators and those on supervised release, speaks in terms of “arrest.” 5 Therefore, Mr. Sager argues, section 1071 is not applicable because there was no outstanding arrest warrant for Carlos Aubrey at the time Mr. Sager allegedly concealed him.

Mr. Sager attempts to bolster the foregoing statutory argument by suggesting that the federal criminal code contains another section that would have been a more appropriate basis for any criminal prosecution. Specifically, he notes that 18 U.S.C. § 1072 punishes harboring “any prisoner after his escape from the custody of the Attorney General or from a Federal penal or correctional institution.” He argues that prosecution under this statute, as opposed to section 1071, would be consistent with the significant body of case law that considers the parolee to be a person “in custody.”

Finally, Mr. Sager invokes the so-called “rule of lenity” and submits that a criminal statute must be strictly construed in favor of the defendant.

III.

Discussion

A.

As in any case of statutory interpretation, our task is to ascertain the intent of Congress and to apply it. In fulfilling this mandate, we must begin with the words of the statute. See United States v. Rosado, 866 F.2d 967, 969 (7th Cir.1989), petition for cert. filed, June 12, 1989; see also Indiana Port Comm’n v. Bethlehem Steel Corp., 835 F.2d 1207, 1210 (7th Cir.1987). Furthermore, in our reading of the statute’s text, we must assume that Congress intended those words to have their plain and ordinary meaning. See Rosado, 866 *366 F.2d at 969; United States v. Rawlings, 821 F.2d 1543, 1545 (11th Cir.), cert. denied, 484 U.S. 979, 108 S.Ct. 494, 98 L.Ed.2d 492 (1987); United States v. Yeatts, 639 F.2d 1186, 1189 (5th Cir. Unit B), cert. denied, 452 U.S. 964, 101 S.Ct. 3115, 69 L.Ed.2d 976 (1981). If, upon such a reading, the intent of Congress is manifest, our task is complete. In reading a statute, it is, of course, important to remember that words and phrases of the text cannot be read in isolation. Congress intended that the entire section have a coherent meaning; each word and phrase is a building block to that end. In the task at hand, then, we must focus not only on the word “arrest” in section 1071 but also on the other words and phrases that accompany it. 6

A reading of section 1071 makes its significant breadth immediately apparent. It proscribes harboring or concealing “any person for whose arrest a warrant or process has been issued under the provisions of any law of the United States.” 18 U.S.C. § 1071 (emphasis added).

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Bluebook (online)
881 F.2d 364, 1989 U.S. App. LEXIS 11182, 1989 WL 85313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-donald-sager-ca7-1989.